Court No. - 1
Case :- WRIT - C No. - 30843 of 2010 Petitioner :- Pankaj Tyagi And Another Respondent :- State Of U.P. Thru Sec. Industries Govt. Of U.P. Lkw.Andors Counsel for Petitioner :- Bipin Lal Srivastava,Aalok K.Srivastava Counsel for Respondent :- C.S.C.,Anuj Pratap Singh,Mahesh Narain Singh
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri A.K.Srivastava, learned counsel for the petitioners, Sri Mahesh Narain, learned counsel for respondent no. 2 and Sri S.N.Shukla, learned Standing Counsel for State respondents.
By means of present writ petition, the petitioner has challenged the notification of compulsory acquisition under Section 4 of the Land Acquisition Act, 1894. Since no notification admittedly has been issued under Section 6 of the said Act, the compulsory acquisition proceedings have been really come to be halt and in the meanwhile new Act has come to be enacted by he Central Legislature, namely, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in which vide Section 114 of the old Act has come to be repealed. Section 114 runs as under:
"114. Repeal and saving- (1) The Land Acquisition Act, 1894 (1 of 1894) is hereby repealed.
2. Save as otherwise provided in this Act the repeal under sub-section (1) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeals."
In such view of the matter since section 6 notification has not come, the acquisition notification under Section 4 only, now the same cannot be pressed into service. No cause of action survives any further.
The writ petition is rendered infructuous and is accordingly consigned to record.
Order Date :- 28.11.2019 Sanjeev
(Ajit Kumar,J.) (Ramesh Sinha,J.)